BILL NUMBER: AB 1274	CHAPTERED  09/29/99

	CHAPTER   577
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 28, 1999
	PASSED THE ASSEMBLY   AUGUST 31, 1999
	PASSED THE SENATE   AUGUST 25, 1999
	AMENDED IN SENATE   JULY 13, 1999
	AMENDED IN ASSEMBLY   MAY 19, 1999

INTRODUCED BY   Assembly Member Frusetta

                        FEBRUARY 26, 1999

   An act to amend Section 91007 of the Government Code, relating to
the Political Reform Act of 1974, and declaring the urgency thereof,
to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1274, Frusetta.  Political Reform Act of 1974:  civil action.
   Under the existing Political Reform Act of 1974 a person who
violates the reporting requirements specified in the act or makes or
receives a contribution, gift, or expenditure in violation of
specified provisions of the act is liable in a civil action brought
by the civil prosecutor or by a person residing within the
jurisdiction.  Under these provisions of the act, before filing a
civil action, a person must first file with the civil prosecutor a
written request for the civil prosecutor to commence the action.  The
civil prosecutor then is required to respond within 40 days after
receipt of the request, indicating whether he or she intends to file
a civil action.  If the civil prosecutor files suit within 40 days
thereafter, no other action may be brought unless the action brought
by the civil prosecutor is dismissed without prejudice as specified.

   This bill would instead provide that if the civil prosecutor
indicates that he or she intends to file a civil action and files
suit within 120 days from receipt of the written request to commence
the action, no other action may be brought unless the action brought
by the civil prosecutor is dismissed without prejudice.  If the civil
prosecutor indicates within 120 days from receipt of the written
request to commence the action that he or she will not file a civil
action, the person requesting the action may proceed to file the
civil action.  The bill also would toll the statute of limitations
applicable for commencing a civil action under these provisions, as
specified, but only for a civil action brought by the person who
requested the civil prosecutor to commence the action.
   The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
with a 2/3 vote of each house and compliance with specified
procedural requirements.
   This bill, which would declare that it furthers the purposes of
the act, would therefore require a 2/3 vote.
   The bill would declare that it is to take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 91007 of the Government Code is amended to
read:
   91007.  (a) Any person, before filing a civil action pursuant to
Sections 91004 and 91005, must first file with the civil prosecutor a
written request for the civil prosecutor to commence the action.
The request shall include a statement of the grounds for believing a
cause of action exists. The civil prosecutor shall respond to the
person in writing, indicating whether he or she intends to file a
civil action.
   (1) If the civil prosecutor responds in the affirmative and files
suit within 120 days from receipt of the written request to commence
the action, no  other action may be brought unless the action brought
by the civil prosecutor is dismissed without prejudice as provided
for in Section 91008.
   (2) If the civil prosecutor responds in the negative within 120
days from receipt of the written request to commence the action, the
person requesting the action may proceed to file a civil action upon
receipt of the response from the civil prosecutor.  If, pursuant to
this subdivision, the civil prosecutor does not respond within 120
days, the civil prosecutor shall be deemed to have provided a
negative written response to the person requesting the action on the
120th day and the person shall be deemed to have received that
response.
   (3) The time period within which a civil action shall be
commenced, as set forth in Section 91011, shall be tolled from the
date of receipt by the civil prosecutor of the written request to
either the date that the civil action is dismissed without prejudice,
or the date of receipt by the person of the negative response from
the civil prosecutor, but only for a civil action brought by the
person who requested the civil prosecutor to commence the action.
   (b) Any person filing a complaint, cross-complaint or other
initial pleading in a civil action pursuant to Section 91003, 91004,
91005, or 91005.5 shall, within 10 days of filing the complaint,
cross-complaint, or initial pleading, serve on the commission a copy
of the complaint, cross-complaint, or initial pleading or a notice
containing all of the following:
   (1) The full title and number of the case.
   (2) The court in which the case is pending.
   (3) The name and address of the attorney for the person filing the
complaint, cross-complaint, or other initial pleading.
   (4) A statement that the case raises issues under the Political
Reform Act.
   (c) No complaint, cross-complaint, or other initial pleading shall
be dismissed for failure to comply with subdivision (b).
  SEC. 2.  The Legislature finds and declares that the provisions of
this act further the purposes of the Political Reform Act of 1974
within the meaning of  subdivision (a) of Section 81012 of the
Government Code.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to adjust the procedures for the filing of civil actions
under the Political Reform Act of 1974, and thereby allow for more
efficient and effective administration of the act at the earliest
possible time, it is necessary that this act take effect immediately.
